Division C — Ethics

S. 949 · 116th Congress · Mar 28, 2019 · Lineage

C Ethics

VII Ethical Standards

A Supreme Court Ethics

Sec. 7001 Code of conduct for Federal judges

(a)

In general— Chapter 57 of title 28, United States Code, is amended by adding at the end the following:

“964. Code of conduct

“Not later than one year after the date of the enactment of this section, the Judicial Conference shall issue a code of conduct, which applies to each justice and judge of the United States, except that the code of conduct may include provisions that are applicable only to certain categories of judges or justices.”

(b)

Clerical amendment— The table of sections for chapter 57 of title 28, United States Code, is amended by adding after the item related to section 963 the following:

B Foreign Agents Registration

Sec. 7101 Establishment of FARA investigation and enforcement unit within Department of Justice

Section 8 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 618) is amended by adding at the end the following new subsection:

“(i) Dedicated enforcement unit

“(1) Establishment—Not later than 180 days after the date of enactment of this subsection, the Attorney General shall establish a unit within the counterespionage section of the National Security Division of the Department of Justice with responsibility for the enforcement of this Act.

“(2) Powers—The unit established under this subsection is authorized to—

“(A) take appropriate legal action against individuals suspected of violating this Act; and

“(B) coordinate any such legal action with the United States Attorney for the relevant jurisdiction.

“(3) Consultation—In operating the unit established under this subsection, the Attorney General shall, as appropriate, consult with the Director of National Intelligence, the Secretary of Homeland Security, and the Secretary of State.

“(4) Authorization of appropriations—There are authorized to be appropriated to carry out the activities of the unit established under this subsection $10,000,000 for fiscal year 2019 and each succeeding fiscal year.”

Sec. 7102 Authority to impose civil money penalties

Section 8 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 618), as amended by section 7101 of this Act, is amended by inserting after subsection (c) the following new subsection:

“(d) Civil money penalties

“(1) Registration statements—Whoever fails to file timely or complete a registration statement as provided under section 2(a) shall be subject to a civil money penalty of not more than $10,000 per violation.

“(2) Supplements—Whoever fails to file timely or complete supplements as provided under section 2(b) shall be subject to a civil money penalty of not more than $1,000 per violation.

“(3) Other violations—Whoever knowingly fails to—

“(A) remedy a defective filing within 60 days after notice of such defect by the Attorney General; or

“(B) comply with any other provision of this Act,

“(4) No fines paid by foreign principals—A civil money penalty paid under paragraph (1) may not be paid, directly or indirectly, by a foreign principal.

“(5) Use of fines—All civil money penalties collected under this subsection shall be used to defray the cost of the enforcement unit established under subsection (i).”

Sec. 7103 Disclosure of transactions involving things of financial value conferred on officeholders

(a)

Requiring agents To disclose known transactions—

(1)

In general— Section 2(a) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 612(a)) is amended—

(A)

by redesignating paragraphs (10) and (11) as paragraphs (11) and (12); and

(B)

by inserting after paragraph (9) the following new paragraph:

“(10) To the extent that the registrant has knowledge of any transaction which occurred in the preceding 60 days and in which the foreign principal for whom the registrant is acting as an agent conferred on a Federal or State officeholder any thing of financial value, including a gift, profit, salary, favorable regulatory treatment, or any other direct or indirect economic or financial benefit, a detailed statement describing each such transaction.”

(2)

Applicability— The amendments made by paragraph (1) shall apply with respect to statements filed on or after the expiration of the 90-day period beginning on the date of enactment of this Act.

(b)

Supplemental disclosure for current registrants— Not later than the expiration of the 90-day period beginning on the date of enactment of this Act, each registrant who (prior to the expiration of such period) filed a registration statement with the Attorney General under section 2(a) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 612(a)) and who has knowledge of any transaction described in paragraph (10) of section 2(a) of the Foreign Agents Registration Act of 1938, as amended (as added by subsection (a)(1)) which occurred at any time during which the registrant was an agent of the foreign principal involved, shall file with the Attorney General a supplement to such statement under oath, on a form prescribed by the Attorney General, containing a detailed statement describing each such transaction.

Sec. 7104 Ensuring online access to registration statements

(a)

Requiring statements filed by registrants To be in digitized format— Section 2(g) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 612(g)) is amended by striking “in electronic form” and inserting “in a digitized format which will enable the Attorney General to meet the requirements of section 6(d)(1) (relating to public access to an electronic database of statements and updates)”.

(b)

Requirements for electronic database of registration statements and updates— Section 6(d)(1) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 616(d)(1)) is amended—

(1)

in the matter preceding subparagraph (A), by striking “to the extent technically practicable,”; and

(2)

in subparagraph (A), by striking “includes the information” and inserting “includes in a digitized format the information”.

(c)

Applicability— The amendments made by this section shall apply with respect to statements filed on or after the expiration of the 180-day period beginning on the date of enactment of this Act.

C Lobbying Disclosure Reform

Sec. 7201 Expanding scope of individuals and activities subject to requirements of Lobbying Disclosure Act of 1995

(a)

Treatment of counseling services in support of lobbying contacts as lobbying activity— Section 3(7) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(7)) is amended—

(1)

by striking “efforts” and inserting “any efforts”; and

(2)

by striking “research and other background work” and inserting the following: “counseling in support of such preparation and planning activities, research, and other background work”.

(b)

Treatment of lobbying contact made with support of counseling services as lobbying contact made by individual providing services— Section 3(8) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(8)) is amended by adding at the end the following new subparagraph:

“(C) Treatment of providers of counseling services—Any individual, with authority to direct or substantially influence a lobbying contact or contacts made by another individual, and for financial or other compensation provides counseling services in support of preparation and planning activities which are treated as lobbying activities under paragraph (7) for that other individual’s lobbying contact or contacts and who has knowledge that the specific lobbying contact or contacts were made, shall be considered to have made the same lobbying contact at the same time and in the same manner to the covered executive branch official or covered legislative branch official involved.”

Sec. 7202 Requiring lobbyists to disclose status as lobbyists upon making any lobbying contacts

Section 14 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1609) is amended—

(1)

by striking subsections (a) and (b) and inserting the following:

“(a) Requiring identification at time of lobbying contact—Any person or entity that makes a lobbying contact with a covered legislative branch official or a covered executive branch official shall, at the time of the lobbying contact—

“(1) indicate whether the person or entity is registered under this chapter and identify the client on whose behalf the lobbying contact is made; and

“(2) indicate whether such client is a foreign entity and identify any foreign entity required to be disclosed under section 4(b)(4) that has a direct interest in the outcome of the lobbying activity.”

(2)

by redesignating subsection (c) as subsection (b).

D Recusal of Presidential Appointees

Sec. 7301 Recusal of appointees

Section 208 of title 18, United States Code, is amended by adding at the end the following:

“(e)

“(1) Any officer or employee appointed by the President shall recuse himself or herself from any particular matter involving specific parties in which a party to that matter is—

“(A) the President who appointed the officer or employee, which shall include any entity in which the President has a substantial interest; or

“(B) the spouse of the President who appointed the officer or employee, which shall include any entity in which the spouse of the President has a substantial interest.

“(2)

“(A) Subject to subparagraph (B), if an officer or employee is recused under paragraph (1), a career appointee in the agency of the officer or employee shall perform the functions and duties of the officer or employee with respect to the matter.

“(B)

“(i) In this subparagraph, the term Commission means a board, commission, or other agency for which the authority of the agency is vested in more than 1 member.

“(ii) If the recusal of a member of a Commission from a matter under paragraph (1) would result in there not being a statutorily required quorum of members of the Commission available to participate in the matter, notwithstanding such statute or any other provision of law, the members of the Commission not recused under paragraph (1) may—

“(I) consider the matter without regard to the quorum requirement under such statute;

“(II) delegate the authorities and responsibilities of the Commission with respect to the matter to a subcommittee of the Commission; or

“(III) designate an officer or employee of the Commission who was not appointed by the President who appointed the member of the Commission recused from the matter to exercise the authorities and duties of the recused member with respect to the matter.

“(3) Any officer or employee who violates paragraph (1) shall be subject to the penalties set forth in section 216.

“(4) For purposes of this section, the term particular matter shall have the meaning given the term in section 207(i).”

E Clearinghouse on Lobbying Information

Sec. 7401 Establishment of clearinghouse

(a)

Establishment— The Attorney General shall establish and operate within the Department of Justice a clearinghouse through which members of the public may obtain copies (including in electronic form) of registration statements filed under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) and the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.).

(b)

Format— The Attorney General shall ensure that the information in the clearinghouse established under this Act is maintained in a searchable and sortable format.

(c)

Agreements with Clerk of House and Secretary of the Senate— The Attorney General shall enter into such agreements with the Clerk of the House of Representatives and the Secretary of the Senate as may be necessary for the Attorney General to obtain registration statements filed with the Clerk and the Secretary under the Lobbying Disclosure Act of 1995 for inclusion in the clearinghouse.

F Severability

Sec. 7501 Severability

If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.

VIII Ethics Reforms for the President, Vice President, and Federal Officers and Employees

A Executive Branch Conflict of Interest

Sec. 8001 Short title

This subtitle may be cited as the “Executive Branch Conflict of Interest Act”.

Sec. 8002 Restrictions on private sector payment for government service

Section 209 of title 18, United States Code, is amended—

(1)

in subsection (a),

(A)

by striking “any salary” and inserting “any salary (including a bonus)”; and

(B)

by striking “as compensation for his services” and inserting “at any time, as compensation for serving”; and

(2)

in subsection (b)—

(A)

by inserting “(1)” after “(b)”; and

(B)

by adding at the end the following:

“(2) For purposes of paragraph (1), a pension, retirement, group life, health or accident insurance, profit-sharing, stock bonus, or other employee welfare or benefit plan that makes payment of any portion of compensation contingent on accepting a position in the United States Government shall not be considered bona fide.”

Sec. 8003 Requirements relating to slowing the revolving door

(a)

In general— The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

“VI Enhanced Requirements for Certain Employees

“601. Definitions

“In this title:

“(1) Covered agency—The term covered agency—

“(A) means an Executive agency, as defined in section 105 of title 5, United States Code, the Postal Service and the Postal Rate Commission, but does not include the Government Accountability Office or the Government of the District of Columbia; and

“(B) shall include the Executive Office of the President.

“(2) Covered employee—The term covered employee means an officer or employee referred to in paragraph (2) of section 207(c) or paragraph (1) of section 207(d) of title 18, United States Code.

“(3) Director—The term Director means the Director of the Office of Government Ethics.

“(4) Executive branch—The term executive branch has the meaning given that term in section 109.

“(5) Former client—The term former client—

“(A) means a person for whom a covered employee served personally as an agent, attorney, or consultant during the 2-year period ending on the date before the date on which the covered employee begins service in the Federal Government; and

“(B) does not include any agency or instrumentality of the Federal Government.

“(6) Former employer—The term former employer—

“(A) means a person for whom a covered employee served as an employee, officer, director, trustee, agent, attorney, consultant, or contractor during the 2 year period ending on the date before the date on which the covered employee begins service in the Federal Government; and

“(B) does not include—

“(i) an entity in the Federal Government, including an executive branch agency;

“(ii) a State or local government;

“(iii) the District of Columbia;

“(iv) an Indian tribe, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); or

“(v) the government of a territory or possession of the United States.

“(7) Particular matter—The term particular matter has the meaning given that term in section 207(i) of title 18, United States Code.

“602. Conflict of interest and eligibility standards

“(a) In general—A covered employee may not participate personally and substantially in a particular matter in which the covered employee knows or reasonably should have known that a former employer or former client of the covered employee has a financial interest.

“(b) Waiver

“(1) In general

“(A) Agency heads—With respect to the head of a covered agency who is a covered employee, the Designated Agency Ethics Official for the Executive Office of the President, in consultation with the Director, may grant a written waiver of the restrictions under subsection (a) before the head engages in the action otherwise prohibited by such subsection if the Designated Agency Ethics Official for the Executive Office of the President determines and certifies in writing that, in light of all the relevant circumstances, the interest of the Federal Government in the head’s participation outweighs the concern that a reasonable person may question the integrity of the agency’s programs or operations.

“(B) Other covered employees—With respect to any covered employee not covered by subparagraph (A), the head of the covered agency employing the covered employee, in consultation with the Director, may grant a written waiver of the restrictions under subsection (a) before the covered employee engages in the action otherwise prohibited by such subsection if the head of the covered agency determines and certifies in writing that, in light of all the relevant circumstances, the interest of the Federal Government in the covered employee’s participation outweighs the concern that a reasonable person may question the integrity of the agency’s programs or operations.

“(2) Publication—For any waiver granted under paragraph (1), the individual who granted the waiver shall—

“(A) provide a copy of the waiver to the Director not less than 48 hours after the waiver is granted; and

“(B) publish the waiver on the website of the applicable agency within 30 calendar days after granting such waiver.

“(3) Review—Upon receiving a written waiver under paragraph (1)(A), the Director shall—

“(A) review the waiver to determine whether the Director has any objection to the issuance of the waiver; and

“(B) if the Director so objects—

“(i) provide reasons for the objection in writing to the head of the agency who granted the waiver not less than 15 calendar days after the waiver was granted; and

“(ii) publish the written objection on the website of the Office of Government Ethics not less than 30 calendar days after the waiver was granted.

“603. Penalties and injunctions

“(a) Criminal penalties

“(1) In general—Any person who violates section 602 shall be fined under title 18, United States Code, imprisoned for not more than 1 year, or both.

“(2) Willful violations—Any person who willfully violates section 602 shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.

“(b) Civil enforcement

“(1) In general—The Attorney General may bring a civil action in an appropriate district court of the United States against any person who violates, or whom the Attorney General has reason to believe is engaging in conduct that violates, section 602.

“(2) Civil penalty

“(A) In general—If the court finds by a preponderance of the evidence that a person violated section 602, the court shall impose a civil penalty of not more than the greater of—

“(i) $100,000 for each violation; or

“(ii) the amount of compensation the person received or was offered for the conduct constituting the violation.

“(B) Rule of construction—A civil penalty under this subsection may be in addition to any other criminal or civil statutory, common law, or administrative remedy available to the United States or any other person.

“(3) Injunctive relief

“(A) In general—In a civil action brought under paragraph (1) against a person, the Attorney General may petition the court for an order prohibiting the person from engaging in conduct that violates section 602.

“(B) Standard—The court may issue an order under subparagraph (A) if the court finds by a preponderance of the evidence that the conduct of the person violates section 602.

“(C) Rule of construction—The filing of a petition seeking injunctive relief under this paragraph shall not preclude any other remedy that is available by law to the United States or any other person.”

Sec. 8004 Prohibition of procurement officers accepting employment from government contractors

(a)

Expansion of prohibition on acceptance by former officials of compensation from contractors— Section 2104 of title 41, United States Code, is amended—

(1)

in subsection (a)—

(A)

in the matter preceding paragraph (1)—

(i)

by striking “or consultant” and inserting “attorney, consultant, subcontractor, or lobbyist”; and

(ii)

by striking “one year” and inserting “2 years”; and

(B)

in paragraph (3), by striking “personally made for the Federal agency” and inserting “participated personally and substantially in”; and

(2)

by striking subsection (b) and inserting the following:

“(b) Prohibition on compensation from affiliates and subcontractors—A former official responsible for a Government contract referred to in paragraph (1), (2), or (3) of subsection (a) may not accept compensation for 2 years after awarding the contract from any division, affiliate, or subcontractor of the contractor.”

(b)

Requirement for procurement officers To disclose job offers made on behalf of relatives— Section 2103(a) of title 41, United States Code, is amended in the matter preceding paragraph (1) by inserting after “that official” the following: “, or for a relative (as defined in section 3110 of title 5) of that official,”.

(c)

Requirement on award of government contracts to former employers—

(1)

In general— Chapter 21 of division B of subtitle I of title 41, United States Code, is amended by adding at the end the following new section:

“2108. Prohibition on involvement by certain former contractor employees in procurements

“An employee of the Federal Government may not participate personally and substantially in any award of a contract to, or the administration of a contract awarded to, a contractor that is a former employer of the employee during the 2-year period beginning on the date on which the employee leaves the employment of the contractor.”

(2)

Technical and conforming amendment— The table of sections for chapter 21 of title 41, United States Code, is amended by adding at the end the following new item:

(d)

Regulations— The Director of the Office of Government Ethics, in consultation with the Administrator of General Services, shall promulgate regulations to carry out and ensure the enforcement of chapter 21 of title 41, United States Code, as amended by this section.

(e)

Monitoring and compliance— The Administrator of General Services, in consultation with designated agency ethics officials (as that term is defined in section 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. App.)), shall monitor compliance with such chapter 21 by individuals and agencies.

Sec. 8005 Revolving door restrictions on employees moving into the private sector

(a)

In general— Subsection (c) of section 207 of title 18, United States Code, is amended—

(1)

in the subsection heading, by striking “One-year” and inserting “Two-year”;

(2)

in paragraph (1)—

(A)

by striking “1 year” in each instance and inserting “2 years”; and

(B)

by inserting “, or conducts any lobbying activity to facilitate any communication to or appearance before,” after “any communication to or appearance before”; and

(3)

in paragraph (2)(B), by striking “1-year” and inserting “2-year”.

(b)

Application— The amendments made by subsection (a) shall apply to any individual covered by subsection (c) of section 207 of title 18, United States Code, separating from the civil service on or after the date of enactment of this Act.

Sec. 8006 Guidance on unpaid employees

(a)

In general— Not later than 120 days after the date of enactment of this Act, the Director of the Office of Government Ethics shall issue guidance on ethical standards applicable to unpaid employees of an agency.

(b)

Definitions— In this section—

(1)

the term agency includes the Executive Office of the President and the White House; and

(2)

the term unpaid employee includes any individual occupying a position at an agency and who is unpaid by operation of section 3110 of title 5, United States Code, or any other provision of law, but does not include any employee who is unpaid due to a lapse in appropriations.

Sec. 8007 Limitation on use of Federal funds and contracting at businesses owned by certain Government officers and employees

(a)

Limitation on Federal funds— Beginning in fiscal year 2020 and in each fiscal year thereafter, no Federal funds may be obligated or expended for purposes of procuring goods or services at any business owned or controlled by a covered individual or any family member of such an individual, unless such obligation or expenditure of funds is necessary for the security of a covered individual or family member.

(b)

Prohibition on contracts— No Federal agency may enter into a contract with a business owned or controlled by a covered individual or any family member of such an individual.

(c)

Determination of ownership— For purposes of this section, a business shall be deemed to be owned or controlled by a covered individual or any family member of such an individual if the covered individual or member of family (as the case may be)—

(1)

is a member of the board of directors or similar governing body of the business; or

(2)

directly or indirectly owns or controls 51 percent or more of the voting shares of the business.

(d)

Definitions— In this section:

(1)

Covered individual— The term covered individual means—

(A)

the President;

(B)

the Vice President;

(C)

the head of any Executive department (as that term is defined in section 101 of title 5, United States Code); and

(D)

any individual occupying a position designated by the President as a Cabinet-level position.

(2)

Family member— The term family member means an individual with any of the following relationships to a covered individual:

(A)

Spouse, and parents thereof.

(B)

Sons and daughters, and spouses thereof.

(C)

Parents, and spouses thereof.

(D)

Brothers and sisters, and spouses thereof.

(E)

Grandparents and grandchildren, and spouses thereof.

(F)

Domestic partner and parents thereof, including domestic partners of any individual in paragraphs (2) through (5).

(3)

Federal agency— The term federal agency has the meaning given that term in section 102 of title 40, United States Code.

B Presidential Conflicts of Interest

Sec. 8101 Short title

This subtitle may be cited as the “Presidential Conflicts of Interest Act of 2019”.

Sec. 8102 Divestiture of personal financial interests of the President and Vice President that pose a potential conflict of interest

(a)

In general— The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding after title VI (as added by section 8003) the following:

“VII Divestiture of Financial Conflicts of Interests of the President and Vice President

“701. Divestiture of financial interests posing a conflict of interest

“The President and Vice President shall, within 30 days of assuming office, divest of all financial interests that pose a conflict of interest because the President or Vice President, the spouse, dependent child, or general partner of the President or Vice President, or any person or organization with whom the President or Vice President is negotiating or has any arrangement concerning prospective employment, has a financial interest, by—

“(1) converting each such interest to cash or other investment that meets the criteria established by the Director of the Office of Government Ethics through regulation as being an interest so remote or inconsequential as not to pose a conflict; or

“(2) placing each such interest in a qualified blind trust as defined in section 102(f)(3) or a diversified trust under section 102(f)(4)(B).”

(b)

Additional disclosures— Section 102(a) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

“(9) With respect to any such report filed by the President or Vice President, for any corporation, company, firm, partnership, or other business enterprise in which the President, Vice President, or the spouse or dependent child of the President or Vice President, has a significant financial interest—

“(A) the name of each other person who holds a significant financial interest in the firm, partnership, association, corporation, or other entity;

“(B) the value, identity, and category of each liability in excess of $10,000; and

“(C) a description of the nature and value of any assets with a value of $10,000 or more.”

(c)

Regulations— Not later than 120 days after the date of enactment of this Act, the Director of the Office of Government Ethics shall promulgate regulations to define the criteria required by section 701(a)(1) of the Ethics in Government Act of 1978 (as added subsection (a)) and the term significant financial interest for purposes of section 102(a)(9) of the Ethics in Government Act (as added by subsection (b)).

Sec. 8103 Initial financial disclosure

Subsection (a) of section 101 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking “position” and adding at the end the following: “position, with the exception of the President and Vice President, who must file a new report.”.

Sec. 8104 Contracts by the President or Vice President

(a)

Amendment— Section 431 of title 18, United States Code, is amended—

(1)

in the section heading, by inserting “the President, Vice President, Cabinet Member, or a” after “Contracts by”; and

(2)

in the first undesignated paragraph, by inserting “the President, Vice President, or any Cabinet member” after “Whoever, being”.

(b)

Table of sections amendment— The table of sections for chapter 23 of title 18, United States Code, is amended by striking the item relating to section 431 and inserting the following:

Sec. 8105 Legal defense funds

(a)

Definitions— In this section—

(1)

the term Director means the Director of the Office of Government Ethics;

(2)

the term legal defense fund means a trust—

(A)

that has only one beneficiary;

(B)

that is subject to a trust agreement creating an enforceable fiduciary duty on the part of the trustee to the beneficiary, pursuant to the applicable law of the jurisdiction in which the trust is established;

(C)

that is subject to a trust agreement that provides for the mandatory public disclosure of all donations and disbursements;

(D)

that is subject to a trust agreement that prohibits the use of its resources for any purpose other than—

(i)

the administration of the trust;

(ii)

the payment or reimbursement of legal fees or expenses incurred in investigative, civil, criminal, or other legal proceedings relating to or arising by virtue of service by the trust’s beneficiary as an officer or employee, as defined in this section, or as an employee, contractor, consultant or volunteer of the campaign of the President or Vice President; or

(iii)

the distribution of unused resources to a charity selected by the trustee that has not been selected or recommended by the beneficiary of the trust;

(E)

that is subject to a trust agreement that prohibits the use of its resources for any other purpose or personal legal matters, including tax planning, personal injury litigation, protection of property rights, divorces, or estate probate; and

(F)

that is subject to a trust agreement that prohibits the acceptance of donations, except in accordance with this section and the regulations of the Office of Government Ethics;

(3)

the term lobbying activity has the meaning given that term in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602);

(4)

the term officer or employee means—

(A)

an officer (as that term is defined in section 2104 of title 5, United States Code) or employee (as that term is defined in section 2105 of such title) of the executive branch of the Government;

(B)

the Vice President; and

(C)

the President; and

(5)

the term relative has the meaning given that term in section 3110 of title 5, United States Code.

(b)

Legal defense funds— An officer or employee may not accept or use any gift or donation for the payment or reimbursement of legal fees or expenses incurred in investigative, civil, criminal, or other legal proceedings relating to or arising by virtue of the officer or employee’s service as an officer or employee, as defined in this section, or as an employee, contractor, consultant or volunteer of the campaign of the President or Vice President except through a legal defense fund that is certified by the Director of the Office of Government Ethics.

(c)

Limits on gifts and donations— Not later than 120 days after the date of the enactment of this Act, the Director shall promulgate regulations establishing limits with respect to gifts and donations described in subsection (b), which shall, at a minimum—

(1)

prohibit the receipt of any gift or donation described in subsection (b)—

(A)

from a single contributor (other than a relative of the officer or employee) in a total amount of more than $5,000 during any calendar year;

(B)

from a registered lobbyist;

(C)

from a foreign government or an agent of a foreign principal;

(D)

from a State government or an agent of a State government;

(E)

from any person seeking official action from, or seeking to do or doing business with, the agency employing the officer or employee;

(F)

from any person conducting activities regulated by the agency employing the officer or employee;

(G)

from any person whose interests may be substantially affected by the performance or nonperformance of the official duties of the officer or employee;

(H)

from an officer or employee of the executive branch;

(I)

from any organization a majority of whose members are described in (A)–(H); or

(J)

require that a legal defense fund, in order to be certified by the Director only permit distributions to the officer or employee.

(d)

Written notice—

(1)

In general— An officer or employee who wishes to accept funds or have a representative accept funds from a legal defense fund shall first ensure that the proposed trustee of the legal defense fund submits to the Director the following information:

(A)

The name and contact information for any proposed trustee of the legal defense fund.

(B)

A copy of any proposed trust document for the legal defense fund.

(C)

The nature of the legal proceeding (or proceedings), investigation or other matter which give rise to the establishment of the legal defense fund.

(D)

An acknowledgment signed by the officer or employee and the trustee indicating that they will be bound by the regulations and limitation under this section.

(2)

Approval— An officer or employee may not accept any gift or donation to pay, or to reimburse any person for, fees or expenses described in subsection (b) of this section except through a legal defense fund that has been certified in writing by the Director following that office’s receipt and approval of the information submitted under paragraph (1) and approval of the structure of the fund.

(e)

Reporting—

(1)

In general— An officer or employee who establishes a legal defense fund may not directly or indirectly accept distributions from a legal defense fund unless the fund has provided the Director a quarterly report for each quarter of every calendar year since the establishment of the legal defense fund that discloses, with respect to the quarter covered by the report—

(A)

the source and amount of each contribution to the legal defense fund; and

(B)

the amount, recipient, and purpose of each expenditure from the legal defense fund, including all distributions from the trust for any purpose.

(2)

Public availability— The Director shall make publicly available online—

(A)

each report submitted under paragraph (1) in a searchable, sortable, and downloadable form;

(B)

each trust agreement and any amendment thereto;

(C)

the written notice and acknowledgment required by subsection (d); and

(D)

the Director’s written certification of the legal defense fund.

(f)

Recusal— An officer or employee, other than the President and the Vice President, who is the beneficiary of a legal defense fund may not participate personally and substantially in any particular matter in which the officer or employee knows a donor of any source of a gift or donation to the legal defense fund established for the officer or employee has a financial interest, for a period of two years from the date of the most recent gift or donation to the legal defense fund.

C White House Ethics Transparency

Sec. 8201 Short title

This subtitle may be cited as the “White House Ethics Transparency Act of 2019”.

Sec. 8202 Procedure for waivers and authorizations relating to ethics requirements

(a)

In general— Notwithstanding any other provision of law, not later than 30 days after an officer or employee issues or approves a waiver or authorization with respect to a covered employee pursuant to section 3 of Executive Order 13770 (82 Fed. Reg. 9333; relating to ethics commitments by executive branch appointees), or any subsequent similar order, such officer or employee shall—

(1)

transmit a written copy of the waiver or authorization to the Director of the Office of Government Ethics; and

(2)

make a written copy of the waiver or authorization available to the public on the website of the agency that employs the covered employee.

(b)

Retroactive application— In the case of a waiver or authorization described in subsection (a) issued during the period beginning on January 20, 2017, and ending on the date of enactment of this Act, the issuing officer or employee of the waiver or authorization shall comply with the requirements of paragraphs (1) and (2) of that subsection not later than 30 days after the date of enactment of this Act.

(c)

Office of Government Ethics public availability— Not later than 30 days after receiving a written copy of a waiver or authorization under subsection (a)(1), the Director of the Office of Government Ethics shall make the waiver or authorization available to the public on the website of the Office of Government Ethics.

(d)

Report to Congress— Not later than 45 days after the date of enactment of this Act, the Director of the Office of Government Ethics shall submit a report to Congress on the impact of the application of subsection (b), including the name of any individual who received a waiver or authorization described in subsection (a) and who, by operation of subsection (b), submitted the information required by such subsection.

(e)

Definition of covered employee— In this section, the term covered employee—

(1)

means—

(A)

a noncareer appointee appointed by the President or Vice President;

(B)

a noncareer appointee in the Senior Executive Service (or any other system similar to the Senior Executive Service); or

(C)

an appointee to a position that has been excepted from the competitive service by reason of being of a confidential or policymaking character in an executive agency, including a position under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, and any other position excepted under comparable criteria; and

(2)

does not include any individual appointed as a member of the Senior Foreign Service or solely as a uniformed service commissioned officer.

D Executive Branch Ethics Enforcement

Sec. 8301 Short title

This subtitle may be cited as the “Executive Branch Comprehensive Ethics Enforcement Act of 2019”.

Sec. 8302 Reauthorization of the Office of Government Ethics

Section 405 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking “fiscal year 2007” and inserting “fiscal years 2019 through 2023.”.

Sec. 8303 Tenure of the Director of the Office of Government Ethics

Section 401(b) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking the period at the end and inserting “, subject to removal only for inefficiency, neglect of duty, or malfeasance in office. The Director may continue to serve beyond the expiration of the term until a successor is appointed and has qualified, except that the Director may not continue to serve for more than 1 year after the date on which the term would otherwise expire under this subsection.”.

Sec. 8304 Duties of Director of the Office of Government Ethics

(a)

In general— Section 402(a) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended in paragraph (1) by striking “, in consultation with the Office of Personnel Management,”.

(b)

Responsibilities of the Director— Section 402(b) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended—

(1)

in paragraph (1)—

(A)

by striking “developing, in consultation with the Attorney General and the Office of Personnel Management, rules and regulations to be promulgated by the President or the Director” and inserting “developing and promulgating rules and regulations”; and

(B)

by striking “title II” and inserting “title I”;

(2)

by striking paragraph (2) and inserting the following:

“(2) providing mandatory education and training programs for designated agency ethics officials, which may be delegated to each agency or the White House Counsel as determined to be appropriate by the Director;”

(3)

in paragraph (3), by striking “title II” and inserting “title I”;

(4)

in paragraph (4), by striking “problems” and inserting “issues”;

(5)

in paragraph (6)—

(A)

by striking “issued by the President or the Director”; and

(B)

by striking “problems” and inserting “issues”;

(6)

in paragraph (7)—

(A)

by striking “, when requested,”; and

(B)

by striking “conflict of interest problems” and inserting “conflicts of interest, as well as other ethics issues”;

(7)

in paragraph (9)—

(A)

by striking “ordering” and inserting “receiving allegations of violations of this Act or regulations of the Office of Government Ethics and, when necessary, investigating an allegation to determine whether a violation occurred, and ordering”; and

(B)

by inserting before the semi-colon the following: “, and recommending appropriate disciplinary action”;

(8)

in paragraph (12)—

(A)

by striking “evaluating, with the assistance of” and inserting “promulgating, with input from”;

(B)

by striking “the need for changes in”; and

(C)

by striking “conflict of interest and ethical problems” and inserting “conflict of interest and ethics issues”;

(9)

in paragraph (13)—

(A)

by striking “with the Attorney General” and inserting “with the Inspectors General and the Attorney General”;

(B)

by striking “violations of the conflict of interest laws” and inserting “conflict of interest issues and allegations of violations of ethics laws and regulations and this Act”; and

(C)

by striking “, as required by section 535 of title 28, United States Code”;

(10)

in paragraph (14), by striking “and” at the end;

(11)

in paragraph (15)—

(A)

by striking “, in consultation with the Office of Personnel Management,”;

(B)

by striking “title II” and inserting “title I”; and

(C)

by striking the period at the end and inserting a semicolon; and

(12)

by adding at the end the following:

“(16) directing and providing final approval, when determined appropriate by the Director, for designated agency ethics officials regarding the resolution of conflicts of interest as well as any other ethics issues under the purview of this Act in individual cases; and

“(17) reviewing and approving, when determined appropriate by the Director, any recusals, exemptions, or waivers from the conflicts of interest and ethics laws, rules, and regulations and making approved recusals, exemptions, and waivers made publicly available by the relevant agency available in a central location on the official website of the Office of Government Ethics.”

(c)

Written procedures— Paragraph (1) of section 402(d) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended—

(1)

by striking “, by the exercise of any authority otherwise available to the Director under this title,”;

(2)

by striking “the agency is”; and

(3)

by inserting after “filed by” the following: “, or written documentation of recusals, waivers, or ethics authorizations relating to,”.

(d)

Corrective actions— Section 402(f) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended—

(1)

in paragraph (1)—

(A)

in clause (i) of subparagraph (A), by striking “of such agency”; and

(B)

in subparagraph (B), by inserting at the end “and determine that a violation of this Act has occurred and issue appropriate administrative or legal remedies as prescribed in paragraph (2)”;

(2)

in paragraph (2)—

(A)

in subparagraph (A)—

(i)

in clause (ii)—

(I)

in subclause (I), by inserting “to the President, or the President’s designee if the matter involves employees of the Executive Office of the President, or” after “may recommend”;

(II)

in subclause (II)—

(aa)

by inserting “President or” after “determines that the”; and

(bb)

by adding “and” at the end;

(ii)

in clause (iii)(II)—

(I)

by striking “notify, in writing,” and inserting “advise the President or order”;

(II)

by inserting “to take appropriate disciplinary action including reprimand, suspension, demotion, or dismissal against the officer or employee (provided, however, that any order issued by the Director shall not affect an employee’s right to appeal a disciplinary action under applicable law, regulation, collective bargaining agreement, or contractual provision)” after “employee’s agency”;

(III)

by striking “of the officer’s or employee’s noncompliance, except that, if the officer or employee involved is the agency head, the notification shall instead be submitted to the President”; and

(IV)

by striking “; and” and inserting a period; and

(iii)

by striking clause (iv);

(B)

in subparagraph (B)—

(i)

in clause (i)—

(I)

by striking “subparagraph (A)(iii) or (iv)” and inserting “subparagraph (A)”;

(II)

by inserting “(I) ” before “In order to”; and

(III)

by adding at the end the following:

“(II)

“(aa) The Director may secure directly from any agency information necessary to enable the Director to carry out this Act. Upon request of the Director, the head of such agency shall furnish that information to the Director.

“(bb) The Director may require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data in any medium and documentary evidence necessary in the performance of the functions assigned by this Act, which subpoena, in the case of refusal to obey, shall be enforceable by order of any appropriate United States district court.”

(ii)

in clause (ii)(I)—

(I)

by striking “Subject to clause (iv) of this subparagraph, before” and inserting “Before”; and

(II)

by striking “subparagraphs (A) (iii) or (iv)” and inserting “subparagraph (A)(iii)”;

(iii)

in clause (iii), by striking “Subject to clause (iv) of this subparagraph, before” and inserting “Before”; and

(iv)

in clause (iv)—

(I)

by striking “title 2” and inserting “title I”; and

(II)

by striking “section 206” and inserting “section 106”; and

(3)

in paragraph (4), by striking “paragraphs (2)(A)(ii), (iii), (iv) and (3)(B)” and inserting “clauses (ii) and (iii) of paragraph (2)(A) and paragraph (3)(B)”.

(e)

Definitions— Section 402 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

“(g) For purposes of this title—

“(1) the term agency shall include the Executive Office of the President; and

“(2) the term officer or employee shall include any individual occupying a position, providing any official services, or acting in an advisory capacity, in the White House or the Executive Office of the President.

“(h) In this title, a reference to the head of an agency shall include the President or the President’s designee.

“(i) The Director shall not be required to obtain the prior approval, comment, or review of any officer or agency of the United States, including the Office of Management and Budget, before submitting to Congress, or any committee or subcommittee thereof, any information, reports, recommendations, testimony, or comments, if such submissions include a statement indicating that the views expressed therein are those of the Director and do not necessarily represent the views of the President.”

Sec. 8305 Agency ethics officials training and duties

(a)

In general— Section 403 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended—

(1)

in subsection (a), by adding a period at the end of the matter following paragraph (2); and

(2)

by adding at the end the following:

“(c)

“(1) All designated agency ethics officials and alternate designated agency ethics officials shall register with the Director as well as with the appointing authority of the official.

“(2) The Director shall provide ethics education and training to all designated and alternate designated agency ethics officials in a time and manner determined to be appropriate by the Director.

“(3) Each designated agency ethics official and each alternate designated agency ethics official shall biannually attend ethics education and training, as provided by the Director under paragraph (2).

“(d) Each designated agency ethics official, including the designated agency ethics official for the Executive Office of the President—

“(1) shall provide to the Director, in writing, in a searchable, sortable, and downloadable format all approvals, authorizations, certifications, compliance reviews, determinations, directed divestitures, public financial disclosure reports, notices of deficiency in compliance, records related to the approval or acceptance of gifts, recusals, regulatory or statutory advisory opinions, waivers, including waivers under section 207 or 208 of title 18, United States Code, and any other records designated by the Director, unless disclosure is prohibited by law;

“(2) shall, for all information described in paragraph (1) that is permitted to be disclosed to the public under law, make the information available to the public by—

“(A) publishing the information on the website of the Office of Government Ethics;

“(B) providing a link to download an electronic copy of the information; or

“(C) providing printed paper copies of such information to the public; and

“(3) may charge a reasonable fee for the cost of providing paper copies of the information pursuant to paragraph (2).

“(e)

“(1) For all information that is provided by an agency to the Director under subsection (d)(1), the Director shall make the information available to the public in a searchable, sortable, downloadable format by publishing the information on the website of the Office of Government Ethics or providing a link to download an electronic copy of the information.

“(2) The Director may, upon request, provide printed paper copies of the information published under paragraph (1) and charge a reasonable fee for the cost of printing such copies.”

(b)

Repeal— Section 408 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is hereby repealed.

Sec. 8306 Prohibition on use of funds for certain Federal employee travel in contravention of certain regulations

(a)

In general— Beginning on the date of enactment of this Act, no Federal funds appropriated or otherwise made available in any fiscal year may be used for the travel expenses of any senior Federal official in contravention of sections 301–10.260 through 301–10.266 of title 41, Code of Federal Regulations, or any successor regulation.

(b)

Quarterly report on travel—

(1)

In general— Not later than 90 days after the date of enactment of this Act, and every 90 days thereafter, the head of each Federal agency shall submit a report to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate detailing travel on Government aircraft by any senior Federal official employed at the applicable agency.

(2)

Application— Any report required under paragraph (1) shall not include any classified travel, and nothing in this section shall be construed to supersede, alter, or otherwise affect the application of section 301–70.907 of title 41, Code of Federal Regulations, or any successor regulation.

(c)

Travel regulation report—

(1)

In general— Not later than 1 year after the date of enactment of this Act, the Director of the Office of Government Ethics shall submit a report to Congress detailing suggestions on strengthening Federal travel regulations.

(2)

Publication— On the date the report under paragraph (1) is submitted, the Director shall publish the report on the public website of the Office of Government Ethics.

(d)

Definition of senior Federal official— In this section, the term senior Federal official has the meaning given that term in section 300–3.1 of title 41, Code of Federal Regulations, as in effect on the date of enactment of this Act, and includes any senior executive branch official.

Sec. 8307 Reports on cost of Presidential travel

(a)

Report required—

(1)

In general— Not later than 90 days after the date of enactment of this Act, and every 90 days thereafter, the Secretary of Defense, in consultation with the Secretary of the Air Force, shall submit to the Chairman and Ranking Member of the Committee on Armed Services of the Senate and the Chairman and Ranking Member of the Committee on Armed Services of the House of Representatives a report detailing the direct and indirect costs to the Department of Defense in support of Presidential travel.

(2)

Contents— Each report submitted under paragraph (1) shall include costs incurred for travel to a property owned or operated by any individual serving as President or any immediate family member of that individual.

(b)

Immediate family member defined— In this section, the term immediate family member means—

(1)

the spouse of an individual;

(2)

the adult or minor child of an individual; or

(3)

the spouse of an adult child of an individual.

Sec. 8308 Reports on cost of senior executive travel

(a)

Reports on Senior Executive Travel—

(1)

In general— Not later than 90 days after the date of enactment of this Act, and every 90 days thereafter, the Secretary of Defense shall submit to the Chairman and Ranking Member of the Committee on Armed Services of the Senate and the Chairman and Ranking Member of the Committee on Armed Services of the House of Representatives a report detailing the direct and indirect costs to the Department of Defense in support of travel by senior executive officials on military aircraft.

(2)

Reimbursement— Each report submitted under paragraph (1) shall include information relating to whether spousal travel furnished by the Department of Defense was reimbursed to the Federal Government.

(b)

Exception— Required use travel, as outlined in Department of Defense Directive 4500.56, shall not be included in reports submitted under subsection (a).

(c)

Senior executive official defined— In this section, the term senior executive official has the meaning given the term senior Federal official in section 300–3.1 of title 41, Code of Federal Regulations, as in effect on the date of enactment of this Act, and includes any senior executive branch official).

E Conflicts from Political Fundraising

Sec. 8401 Short title

This subtitle may be cited as the “Conflicts From Political Fundraising Act of 2019”.

Sec. 8402 Disclosure of certain types of contributions

(a)

Definitions— Section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended—

(1)

by redesignating paragraphs (2) through (19) as paragraphs (5) through (22), respectively; and

(2)

by inserting after paragraph (1) the following:

“(2) covered contribution means a payment, advance, forbearance, rendering, or deposit of money, or any thing of value—

“(A)

“(i) that—

“(I) is—

“(aa) made by or on behalf of a covered individual; or

“(bb) solicited in writing by, or at the request of, a covered individual; and

“(II) is made—

“(aa) to a political organization, as defined in section 527 of the Internal Revenue Code of 1986; or

“(bb) to an organization—

“(AA) that is described in paragraph (4) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and

“(BB) that promotes or opposes changes in Federal laws or regulations that are (or would be) administered by the agency in which the covered individual has been nominated for appointment to a covered position or is serving in a covered position; or

“(ii) that is—

“(I) solicited in writing by or on behalf of a covered individual; and

“(II) made—

“(aa) by an individual or entity the activities of which are subject to Federal laws or regulations that are (or would be) administered by the agency in which the covered individual has been nominated for appointment to a covered position or is serving in a covered position; and

“(bb) to—

“(AA) a political organization, as defined in section 527 of the Internal Revenue Code of 1986; or

“(BB) an organization that is described in paragraph (4) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and

“(B) that is made to an organization described in item (aa) or (bb) of clause (i)(II) or clause (ii)(II)(bb) of subparagraph (A) for which the total amount of such payments, advances, forbearances, renderings, or deposits of money, or any thing of value, during the calendar year in which it is made is not less than the contribution limitation in effect under section 315(a)(1)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)(1)(A)) for elections occurring during such calendar year;

“(3) covered individual means an individual who has been nominated or appointed to a covered position; and

“(4) covered position—

“(A) means—

“(i) a position described in sections 5312 through 5316 of title 5, United States Code;

“(ii) a position placed in level IV or V of the Executive Schedule under section 5317 of title 5, United States Code;

“(iii) a position as a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as those terms are defined in paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; and

“(iv) a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations; and

“(B) does not include a position if the individual serving in the position has been excluded from the application of section 101(f)(5);”

(b)

Disclosure requirements— The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended—

(1)

in section 101—

(A)

in subsection (a)—

(i)

by inserting “(1)” before “Within”;

(ii)

by striking “unless” and inserting “and, if the individual is assuming a covered position, the information described in section 102(j), except that, subject to paragraph (2), the individual shall not be required to file a report if”; and

(iii)

by adding at the end the following:

“(2) If an individual has left a position described in subsection (f) that is not a covered position and, within 30 days, assumes a position that is a covered position, the individual shall, within 30 days of assuming the covered position, file a report containing the information described in section 102(j)(2)(A).”

(B)

in subsection (b)(1), in the first sentence, by inserting “and the information required by section 102(j)” after “described in section 102(b)”;

(C)

in subsection (d), by inserting “and, if the individual is serving in a covered position, the information required by section 102(j)(2)(A)” after “described in section 102(a)”; and

(D)

in subsection (e), by inserting “and, if the individual was serving in a covered position, the information required by section 102(j)(2)(A),” after “described in section 102(a)”; and

(2)

in section 102—

(A)

in subsection (g), by striking “Political campaign funds” and inserting “Except as provided in subsection (j), political campaign funds”; and

(B)

by adding at the end the following:

“(j)

“(1) In this subsection—

“(A) the term applicable period means—

“(i) with respect to a report filed pursuant to subsection (a) or (b) of section 101, the year of filing and the 4 calendar years preceding the year of the filing; and

“(ii) with respect to a report filed pursuant to subsection (d) or (e) of section 101, the preceding calendar year; and

“(B) the term covered gift means a gift that—

“(i) is made to a covered individual, the spouse of a covered individual, or the dependent child of a covered individual;

“(ii) is made by an entity described in item (aa) or (bb) of section 109(2)(A)(i)(II); and

“(iii) would have been required to be reported under subsection (a)(2) if the covered individual had been required to file a report under section 101(d) with respect to the calendar year during which the gift was made.

“(2)

“(A) A report filed pursuant to subsection (a), (b), (d), or (e) of section 101 by a covered individual shall include, for each covered contribution during the applicable period—

“(i) the date on which the covered contribution was made;

“(ii) if applicable, any date on which the covered contribution was solicited;

“(iii) the value of the covered contribution;

“(iv) the name of the person making the covered contribution; and

“(v) the name of the person receiving the covered contribution.

“(B)

“(i) Subject to clause (ii), a covered contribution made by or on behalf of, or that was solicited in writing by or on behalf of, a covered individual shall constitute a conflict of interest, or an appearance thereof, with respect to the official duties of the covered individual.

“(ii) The Director of the Office of Government Ethics may exempt a covered contribution from the application of clause (i) if the Director determines the circumstances of the solicitation and making of the covered contribution do not present a risk of a conflict of interest and the exemption of the covered contribution would not affect adversely the integrity of the Government or the confidence of the public in the integrity of the Government.

“(3) A report filed pursuant to subsection (a) or (b) of section 101 by a covered individual shall include the information described in subsection (a)(2) with respect to each covered gift received during the applicable period.”

(c)

Provision of reports and ethics agreements to Congress— Section 105 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

“(e) Not later than 30 days after receiving a written request from the Chairman or Ranking Member of a committee or subcommittee of either House of Congress, the Director of the Office of Government Ethics shall provide to the Chairman and Ranking Member each report filed under this title by the covered individual and any ethics agreement entered into between the agency and the covered individual.”

(d)

Rules on ethics agreements— The Director of the Office of Government Ethics shall promptly issue rules regarding how an agency in the executive branch shall address information required to be disclosed under the amendments made by this subtitle in drafting ethics agreements between the agency and individuals appointed to positions in the agency.

(e)

Technical and conforming amendments—

(1)

Ethics in Government Act of 1978— The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended—

(A)

in section 101(f)—

(i)

in paragraph (9), by striking “section 109(12)” and inserting “section 109(15)”;

(ii)

in paragraph (10), by striking “section 109(13)” and inserting “section 109(16)”;

(iii)

in paragraph (11), by striking “section 109(10)” and inserting “section 109(13)”; and

(iv)

in paragraph (12), by striking “section 109(8)” and inserting “section 109(11)”;

(B)

in section 103(l)—

(i)

in paragraph (9), by striking “section 109(12)” and inserting “section 109(15)”; and

(ii)

in paragraph (10), by striking “section 109(13)” and inserting “section 109(16)”; and

(C)

in section 105(b)(3)(A), by striking “section 109(8) or 109(10)” and inserting “section 109(11) or 109(13)”.

(2)

Lobbying Disclosure Act of 1995— Section 3(4)(D) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(4)(D)) is amended by striking “section 109(13)” and inserting “section 109(16)”.

(3)

Securities Exchange Act of 1934— Section 21A of the Securities Exchange Act of 1934 (15 U.S.C. 78u–1) is amended—

(A)

in subsection (g)(2)(B)(ii), by striking “section 109(11) of the Ethics in Government Act of 1978 (5 U.S.C. App. 109(11)))” and inserting “section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.))”; and

(B)

in subsection (h)(2)—

(i)

in subparagraph (B), by striking “section 109(8) of the Ethics in Government Act of 1978 (5 U.S.C. App. 109(8))” and inserting “section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)”; and

(ii)

in subparagraph (C), by striking “section 109(10) of the Ethics in Government Act of 1978 (5 U.S.C. App. 109(10))” and inserting “section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)”.

(4)

Public Health Service Act— Section 499(j)(2) of the Public Health Service Act (42 U.S.C. 290b(j)(2)) is amended by striking “section 109(16) of the Ethics in Government Act of 1978” and inserting “section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)”.

F Transition Team Ethics

Sec. 8501 Short title

This subtitle may be cited as the “Transition Team Ethics Improvement Act”.

Sec. 8502 Presidential transition ethics programs

The Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended—

(1)

in section 3(f), by adding at the end the following:

“(3) Not later than 10 days after submitting an application for a security clearance for any individual, and not later than 10 days after any such individual is granted a security clearance (including an interim clearance), each eligible candidate (as that term is defined in subsection (h)(4)(A)) or the President-elect (as the case may be) shall submit a report containing the name of such individual to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.”

(2)

in section 4—

(A)

in subsection (a)—

(i)

in paragraph (3), by striking “and” at the end;

(ii)

by redesignating paragraph (4) as paragraph (5); and

(iii)

by inserting after paragraph (3) the following:

“(4) the term nonpublic information—

“(A) means information from the Federal Government that a transition team member obtains as part of the employment of such member that the member knows or reasonably should know has not been made available to the general public; and

“(B) includes information that has not been released to the public that a transition team member knows or reasonably should know—

“(i) is exempt from disclosure under section 552 of title 5, United States Code, or otherwise protected from disclosure by law; and

“(ii) is not authorized by the appropriate agency or official to be released to the public; and”

(B)

in subsection (g)—

(i)

in paragraph (1), by striking “November” and inserting “October”; and

(ii)

by adding at the end the following:

“(3) Ethics plan

“(A) In general—Each memorandum of understanding under paragraph (1) shall include an agreement that the eligible candidate will implement and enforce an ethics plan to guide the conduct of the transition beginning on the date on which the eligible candidate becomes the President-elect.

“(B) Contents—The ethics plan shall include, at a minimum—

“(i) a description of the ethics requirements that will apply to all transition team members, including specific requirements for transition team members who will have access to nonpublic or classified information;

“(ii) a description of how the transition team will—

“(I) address the role on the transition team of—

“(aa) registered lobbyists under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) and individuals who were formerly registered lobbyists under that Act;

“(bb) persons registered under the Foreign Agents Registration Act, as amended (22 U.S.C. 611 et seq.), foreign nationals, and other foreign agents; and

“(cc) transition team members with sources of income or clients that are not disclosed to the public;

“(II) prohibit a transition team member with personal financial conflicts of interest as described in section 208 of title 18, United States Code, from working on particular matters involving specific parties that affect the interests of such member; and

“(III) address how the covered eligible candidate will address their own personal financial conflicts of interest during a Presidential term if the covered eligible candidate becomes the President-elect;

“(iii) a Code of Ethical Conduct, which each transition team member will sign and to which each transition team member will be subject to, that reflects the content of the ethics plans under this paragraph and at a minimum requires each transition team member to—

“(I) seek authorization from transition team leaders or their designees before seeking, on behalf of the transition, access to any nonpublic information;

“(II) keep confidential any nonpublic information provided in the course of the duties of the member with the transition and exclusively use such information for the purposes of the transition; and

“(III) not use any nonpublic information provided in the course of transition duties, in any manner, for personal or private gain for the member or any other party at any time during or after the transition; and

“(iv) a description of how the transition team will enforce the Code of Ethical Conduct, including the names of the transition team members responsible for enforcement, oversight, and compliance.

“(C) Publicly available—The transition team shall make the ethics plan described in this paragraph publicly available on the website of the General Services Administration the earlier of—

“(i) the day on which the memorandum of understanding is completed; or

“(ii) October 1.”

(3)

in section 6(b)—

(A)

in paragraph (1)—

(i)

in subparagraph (A), by striking “and” at the end;

(ii)

in subparagraph (B), by striking the period at the end and inserting a semicolon; and

(iii)

by adding at the end the following:

“(C) a list of all positions each transition team member has held outside the Federal Government for the previous 12-month period, including paid and unpaid positions;

“(D) sources of compensation for each transition team member exceeding $5,000 a year for the previous 12-month period;

“(E) a description of the role of each transition team member, including a list of any policy issues that the member expects to work on, and a list of agencies the member expects to interact with, while serving on the transition team;

“(F) a list of any issues from which each transition team member will be recused while serving as a member of the transition team pursuant to the transition team ethics plan described in section 4(g)(3); and

“(G) an affirmation that no transition team member has a financial conflict of interest that precludes the member from working on the matters described in subparagraph (E).”

(B)

in paragraph (2), by inserting “not later than 2 business days” after “public”; and

(C)

by adding at the end the following:

“(3) The head of a Federal department or agency, or their designee, shall not permit access to the Federal department or agency, or employees of such department or agency, that would not be provided to a member of the public for any transition team member with respect to whom the disclosures listed under paragraph (1) are not made.”

G Ethics Pledge for Senior Executive Branch Employees

Sec. 8601 Short title

This subtitle may be cited as the “Ethics in Public Service Act”.

Sec. 8602 Ethics pledge requirement for senior executive branch employees

The Ethics in Government Act of 1978 (5 U.S.C. App. 101 et seq.) is amended by inserting after title I the following new title:

“II Ethics Pledge

“201. Definitions

“For the purposes of this title:

“(1) The term Administration means all terms of office of the incumbent President serving at the time of the appointment of an appointee covered by this title.

“(2) The term appointee—

“(A) means any noncareer Presidential or Vice-Presidential appointee, noncareer appointee in the Senior Executive Service (or other comparable system for senior-level Government employees), or appointee to a position that has been excepted from the competitive service by reason of being of a confidential or policymaking character (Schedule C and other positions excepted under comparable criteria) in an executive agency; and

“(B) does not include any individual appointed as a member of the Senior Foreign Service or solely as a commissioned officer of a uniformed service.

“(3) The term covered executive branch official and lobbyist have the meanings given those terms in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602).

“(4) The term directly and substantially related to my former employer or former clients means matters in which the appointee’s former employer or a former client is a party or represents a party.

“(5) The term executive agency—

“(A) has the meaning given that term in section 105 of title 5, United States Code;

“(B) includes the Executive Office of the President, the United States Postal Service, and Postal Regulatory Commission; and

“(C) does not include the Government Accountability Office.

“(6) The term former client—

“(A) means a person or entity for whom an appointee served personally as agent, attorney, or consultant during the 2-year period ending on the day before the date on which the covered employee begins service in the Federal Government; and

“(B) does not include an agency or instrumentality of the Federal Government.

“(7) The term former employer—

“(A) means a person or entity for whom an appointee served as an employee, officer, director, trustee, partner, agent, attorney, consultant, or contractor during the 2-year period ending on the date before the date on which the covered employee begins service in the Federal Government; and

“(B) does not include—

“(i) an agency or instrumentality of the Federal Government;

“(ii) a State or local government;

“(iii) the District of Columbia;

“(iv) an Indian tribe, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); or

“(v) the government of a territory or possession of the United States.

“(8) The term gift—

“(A) has the meaning given that term in section 2635.203(b) of title 5, Code of Federal Regulations (or any successor regulation); and

“(B) does not include those items excluded by sections 2635.204(b), (c), (e)(1), (e)(3), (j), (k), and (l) of such title 5.

“(9) The term Government official means any employee of the executive branch.

“(10) The term lobby and lobbied mean to act or have acted as a registered lobbyist.

“(11) The term participate means to participate personally and substantially.

“(12) The term pledge means the ethics pledge set forth in section 202 of this title.

“(13) The term post-employment restrictions includes the provisions and exceptions in section 207(c) of title 18, United States Code, and the implementing regulations.

“(14) The term registered lobbyist or lobbying organization means a lobbyist or an organization filing a registration pursuant to section 4(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)), and in the case of an organization filing such a registration, registered lobbyist includes each of the lobbyists identified therein.

“(15) All references to provisions of law and regulations shall refer to such provisions as in effect on the date of enactment of this title.

“202. Ethics pledge

“Each appointee in every executive agency appointed on or after the date of enactment of this title shall be required to sign an ethics pledge upon appointment. The pledge shall be signed and dated within 30 days of taking office and shall include, at a minimum, the following elements:

“203. Waiver

“(a) The President or the President’s designee may grant to any current or former appointee a written waiver of any restrictions contained in the pledge signed by such appointee if, and to the extent that, the President or the President’s designee certifies (in writing) that, in light of all the relevant circumstances, the interest of the Federal Government in the employee’s participation outweighs the concern that a reasonable person may question the integrity of the agency’s programs or operations.

“(b) Any waiver under this section shall take effect when the certification is signed by the President or the President’s designee.

“(c) For purposes of subsection (a), the public interest shall include exigent circumstances relating to national security or to the economy. De minimis contact with an executive agency shall be cause for a waiver of the restrictions contained in paragraph (2)(B) of the pledge.

“(d) For any waiver granted under this section, the individual who granted the waiver shall—

“(1) provide a copy of the waiver to the Director of the Office of Government Ethics not later than 48 hours after the waiver is granted; and

“(2) publish the waiver on the website of the applicable agency within 30 calendar days after granting such waiver.

“(e) Upon receiving a written waiver under subsection (d), the Director of the Office of Government Ethics shall—

“(1) review the waiver to determine whether the Director has any objection to the issuance of the waiver; and

“(2) if the Director so objects—

“(A) provide reasons for the objection in writing to the individual who granted the waiver not less than 15 calendar days after the waiver was granted; and

“(B) publish the written objection on the website of the Office of Government Ethics not less than 30 calendar days after the waiver was granted.

“204. Administration

“(a) The head of each executive agency shall, in consultation with the Director of the Office of Government Ethics, establish such rules or procedures (conforming as nearly as practicable to the agency’s general ethics rules and procedures, including those relating to designated agency ethics officers) as are necessary or appropriate to ensure—

“(1) that every appointee in the agency signs the pledge upon assuming the appointed office or otherwise becoming an appointee;

“(2) that compliance with paragraph (2)(B) of the pledge is addressed in a written ethics agreement with each appointee to whom it applies;

“(3) that spousal employment issues and other conflicts not expressly addressed by the pledge are addressed in ethics agreements with appointees or, where no such agreements are required, through ethics counseling; and

“(4) compliance with this title within the agency.

“(b) With respect to the Executive Office of the President, the duties set forth in subsection (a) shall be the responsibility of the Counsel to the President.

“(c) The Director of the Office of Government Ethics shall—

“(1) ensure that the pledge and a copy of this title are made available for use by agencies in fulfilling their duties under subsection (a);

“(2) in consultation with the Attorney General or the Counsel to the President, when appropriate, assist designated agency ethics officers in providing advice to current or former appointees regarding the application of the pledge;

“(3) adopt such rules or procedures as are necessary or appropriate—

“(A) to carry out the responsibilities assigned by this subsection;

“(B) to apply the lobbyist gift ban set forth in paragraph 1 of the pledge to all executive branch employees;

“(C) to authorize limited exceptions to the lobbyist gift ban for circumstances that do not implicate the purposes of the ban;

“(D) to make clear that no person shall have violated the lobbyist gift ban if the person properly disposes of a gift;

“(E) to ensure that rules and procedures for Government employees engaged in negotiations for future employment with private businesses that are affected by their official actions do not affect the integrity of the Government’s programs and operations; and

“(F) to ensure, in consultation with the Director of the Office of Personnel Management, that the requirement set forth in paragraph 4 of the pledge is honored by every employee of the executive branch;

“(4) in consultation with the Director of the Office of Management and Budget, report to the President, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate on—

“(A) whether full compliance is being achieved with laws and regulations governing executive branch procurement lobbying disclosure;

“(B) steps the executive branch can take to expand to the fullest extent practicable disclosure of such executive branch procurement lobbying and of lobbying for Presidential pardons; and

“(C) immediate action the executive branch can take and, if necessary, recommendations for legislation; and

“(5) provide an annual public report on the administration of the pledge and this title.

“(d) All pledges signed by appointees, and all waiver certifications with respect thereto, shall be filed with the head of the appointee’s agency for permanent retention in the appointee’s official personnel folder or equivalent folder.”

H Travel on Private Aircraft by Senior Political Appointees

Sec. 8701 Short title

This subtitle may be cited as the “Stop Waste And Misuse by Presidential Flyers Landing Yet Evading Rules and Standards Act” or the “SWAMP FLYERS Act”.

Sec. 8702 Prohibition on use of funds for travel on private aircraft

(a)

In general— On and after the date of enactment of this Act, no Federal funds appropriated or otherwise made available in any fiscal year may be used to pay the travel expenses of any senior political appointee for travel on official business on a non-commercial, private, or chartered flight.

(b)

Exceptions— The limitation in subsection (a) shall not apply—

(1)

if no commercial flight was available for the travel in question, consistent with subsection (c); or

(2)

to any travel on aircraft owned or leased by the Government.

(c)

Certification—

(1)

In general— Any senior political appointee who travels on a non-commercial, private, or chartered flight under the exception under subsection (b)(1) shall, not later than 30 days after the date of such travel, submit a written statement to Congress certifying that no commercial flight was available.

(2)

Penalty— Any statement submitted under paragraph (1) shall be considered a statement for purposes of applying section 1001 of title 18, United States Code.

(d)

Definition of senior political appointee— In this subtitle, the term senior political appointee means any individual occupying—

(1)

a position listed under the Executive Schedule (subchapter II of chapter 53 of title 5, United States Code);

(2)

a Senior Executive Service position that is not a career appointee as defined under section 3132(a)(4) of such title; or

(3)

a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations.

I Severability

Sec. 8801 Severability

If any provision of this title or any amendment made by this title, or any application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this title and the amendments made by this title, and the application of the provision or amendment to any other person or circumstance, shall not be affected.

IX Congressional Ethics Reform

A Requiring Members of Congress To Reimburse Treasury for Amounts Paid as Settlements and Awards Under Congressional Accountability Act of 1995

Sec. 9001 Requiring Members of Congress to reimburse Treasury for amounts paid as settlements and awards under Congressional Accountability Act of 1995 in all cases of employment discrimination acts by Members

(a)

Requiring reimbursement— Clause (i) of section 415(d)(1)(C) of the Congressional Accountability Act of 1995 (2 U.S.C. 1415(d)(1)(C)), as amended by section 111(a) of the Congressional Accountability Act of 1995 Reform Act (Public Law 115–397), is amended to read as follows:

“(i) a violation of section 201(a) or section 206(a); or”

(b)

Conforming amendment relating to notification of possibility of reimbursement— Clause (i) of section 402(b)(2)(B) of the Congressional Accountability Act of 1995 (2 U.S.C. 1402(b)(2)(B)), as amended by section 102(a) of the Congressional Accountability Act of 1995 Reform Act (Public Law 115–397), is amended to read as follows:

“(i) a violation of section 201(a) or section 206(a); or”

(c)

Effective date— The amendments made by this section shall take effect as if enacted as part of the Congressional Accountability Act of 1995 Reform Act (Public Law 115–397).

B Conflicts of Interests

Sec. 9101 Conflict of interest rules for Members of Congress and congressional staff

(a)

Service on for-Profit company boards— Paragraph 6(a) of rule XXXVII of the Standing Rules of the Senate is amended—

(1)

in clause (1), by adding “or” at the end;

(2)

in clause (2), by striking “; or” and inserting a period; and

(3)

by striking clause (3).

(b)

Use of official position— No Member or officer of either House of Congress or employee of a committee or Member of either House of Congress may knowingly use his or her official position to introduce or aid the progress or passage of legislation, a principal purpose of which is to further only his or her pecuniary interest, only the pecuniary interest of his or her immediate family, or only the pecuniary interest of a limited class of persons or enterprises, when he or she, or his or her immediate family, or enterprises controlled by them, are members of the affected class.

(c)

Exercise of rulemaking powers— The provisions of this section are enacted by the Congress—

(1)

as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and

(2)

with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.

C Campaign Finance and Lobbying Disclosure

Sec. 9201 Short title

This subtitle may be cited as the “Connecting Lobbyists and Electeds for Accountability and Reform Act” or the “CLEAR Act”.

Sec. 9202 Requiring disclosure in certain reports filed with Federal Election Commission of persons who are registered lobbyists

(a)

Reports filed by political committees— Section 304(b) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(b)) is amended—

(1)

by striking “and” at the end of paragraph (7);

(2)

by striking the period at the end of paragraph (8) and inserting “; and”; and

(3)

by adding at the end the following new paragraph:

“(9) if any person identified in subparagraph (A), (E), (F), or (G) of paragraph (3) is a registered lobbyist under the Lobbying Disclosure Act of 1995, a separate statement that such person is a registered lobbyist under such Act.”

(b)

Reports filed by persons making independent expenditures— Section 304(c)(2) of such Act (52 U.S.C. 30104(c)(2)) is amended—

(1)

by striking “and” at the end of subparagraph (B);

(2)

by striking the period at the end of subparagraph (C) and inserting “; and”; and

(3)

by adding at the end the following new subparagraph:

“(D) if the person filing the statement, or a person whose identification is required to be disclosed under subparagraph (C), is a registered lobbyist under the Lobbying Disclosure Act of 1995, a separate statement that such person is a registered lobbyist under such Act.”

(c)

Reports filed by persons making disbursements for electioneering communications— Section 304(f)(2) of such Act (52 U.S.C. 30104(f)(2)) is amended by adding at the end the following new subparagraph:

“(G) If the person making the disbursement, or a contributor described in subparagraph (E) or (F), is a registered lobbyist under the Lobbying Disclosure Act of 1995, a separate statement that such person or contributor is a registered lobbyist under such Act.”

(d)

Requiring Commission To establish link to websites of Clerk of House and Secretary of Senate— Section 304 of such Act (52 U.S.C. 30104), as amended by section 4208(a), is amended by adding at the end the following new subsection:

“(k) Requiring information on registered lobbyists To be linked to websites of Clerk of House and Secretary of Senate

“(1) Links to websites—The Commission shall ensure that the Commission's public database containing information described in paragraph (2) is linked electronically to the websites maintained by the Secretary of the Senate and the Clerk of the House of Representatives containing information filed pursuant to the Lobbying Disclosure Act of 1995.

“(2) Information described—The information described in this paragraph is each of the following:

“(A) Information disclosed under paragraph (9) of subsection (b).

“(B) Information disclosed under subparagraph (D) of subsection (c)(2).

“(C) Information disclosed under subparagraph (G) of subsection (f)(2).”

Sec. 9203 Effective date

The amendments made by this subtitle shall apply with respect to reports required to be filed under the Federal Election Campaign Act of 1971 on or after the expiration of the 90-day period which begins on the date of the enactment of this Act.

D Access to Congressionally Mandated Reports

Sec. 9301 Short title

This subtitle may be cited as the “Access to Congressionally Mandated Reports Act”.

Sec. 9302 Definitions

In this subtitle:

(1)

Congressionally mandated report— The term congressionally mandated report—

(A)

means a report that is required to be submitted to either House of Congress or any committee of Congress, or subcommittee thereof, by a statute, resolution, or conference report that accompanies legislation enacted into law; and

(B)

does not include a report required under part B of subtitle II of title 36, United States Code.

(2)

Director— The term Director means the Director of the Government Publishing Office.

(3)

Federal agency— The term Federal agency has the meaning given that term under section 102 of title 40, United States Code, but does not include the Government Accountability Office.

(4)

Open format— The term open format means a file format for storing digital data based on an underlying open standard that—

(A)

is not encumbered by any restrictions that would impede reuse; and

(B)

is based on an underlying open data standard that is maintained by a standards organization.

(5)

Reports online portal— The term reports online portal means the online portal established under section 9303(a).

Sec. 9303 Establishment of online portal for congressionally mandated reports

(a)

Requirement To establish online portal—

(1)

In general— Not later than 1 year after the date of enactment of this Act, the Director shall establish and maintain an online portal accessible by the public that allows the public to obtain electronic copies of all congressionally mandated reports in one place. The Director may publish other reports on the online portal.

(2)

Existing functionality— To the extent possible, the Director shall meet the requirements under paragraph (1) by using existing online portals and functionality under the authority of the Director.

(3)

Consultation— In carrying out this subtitle, the Director shall consult with the Clerk of the House of Representatives, the Secretary of the Senate, and the Librarian of Congress regarding the requirements for and maintenance of congressionally mandated reports on the reports online portal.

(b)

Content and function— The Director shall ensure that the reports online portal includes the following:

(1)

Subject to subsection (c), with respect to each congressionally mandated report, each of the following:

(A)

A citation to the statute, conference report, or resolution requiring the report.

(B)

An electronic copy of the report, including any transmittal letter associated with the report, in an open format that is platform independent and that is available to the public without restrictions, including restrictions that would impede the re-use of the information in the report.

(C)

The ability to retrieve a report, to the extent practicable, through searches based on each, and any combination, of the following:

(i)

The title of the report.

(ii)

The reporting Federal agency.

(iii)

The date of publication.

(iv)

Each congressional committee receiving the report, if applicable.

(v)

The statute, resolution, or conference report requiring the report.

(vi)

Subject tags.

(vii)

A unique alphanumeric identifier for the report that is consistent across report editions.

(viii)

The serial number, Superintendent of Documents number, or other identification number for the report, if applicable.

(ix)

Key words.

(x)

Full text search.

(xi)

Any other relevant information specified by the Director.

(D)

The date on which the report was required to be submitted, and on which the report was submitted, to the reports online portal.

(E)

Access to the report not later than 30 calendar days after its submission to Congress.

(F)

To the extent practicable, a permanent means of accessing the report electronically.

(2)

A means for bulk download of all congressionally mandated reports.

(3)

A means for downloading individual reports as the result of a search.

(4)

An electronic means for the head of each Federal agency to submit to the reports online portal each congressionally mandated report of the agency, as required by section 9304.

(5)

In tabular form, a list of all congressionally mandated reports that can be searched, sorted, and downloaded by—

(A)

reports submitted within the required time;

(B)

reports submitted after the date on which such reports were required to be submitted; and

(C)

reports not submitted.

(c)

Noncompliance by Federal agencies—

(1)

Reports not submitted— If a Federal agency does not submit a congressionally mandated report to the Director, the Director shall to the extent practicable—

(A)

include on the reports online portal—

(i)

the information required under clauses (i), (ii), (iv), and (v) of subsection (b)(1)(C); and

(ii)

the date on which the report was required to be submitted; and

(B)

include the congressionally mandated report on the list described in subsection (b)(5)(C).

(2)

Reports not in open format— If a Federal agency submits a congressionally mandated report that is not in an open format, the Director shall include the congressionally mandated report in another format on the reports online portal.

(d)

Free access— The Director may not charge a fee, require registration, or impose any other limitation in exchange for access to the reports online portal.

(e)

Upgrade capability— The reports online portal shall be enhanced and updated as necessary to carry out the purposes of this subtitle.

Sec. 9304 Federal agency responsibilities

(a)

Submission of electronic copies of reports— Concurrently with the submission to Congress of each congressionally mandated report, the head of the Federal agency submitting the congressionally mandated report shall submit to the Director the information required under subparagraphs (A) through (D) of section 9303(b)(1) with respect to the congressionally mandated report. Nothing in this subtitle shall relieve a Federal agency of any other requirement to publish the congressionally mandated report on the online portal of the Federal agency or otherwise submit the congressionally mandated report to Congress or specific committees of Congress, or subcommittees thereof.

(b)

Guidance— Not later than 240 days after the date of enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Director, shall issue guidance to agencies on the implementation of this subtitle.

(c)

Structure of submitted report data— The head of each Federal agency shall ensure that each congressionally mandated report submitted to the Director complies with the open format criteria established by the Director in the guidance issued under subsection (b).

(d)

Point of contact— The head of each Federal agency shall designate a point of contact for congressionally mandated reports.

(e)

List of reports— As soon as practicable each calendar year (but not later than April 1), and on a rolling basis during the year if feasible, the Librarian of Congress shall submit to the Director a list of congressionally mandated reports from the previous calendar year, in consultation with the Clerk of the House of Representatives, which shall—

(1)

be provided in an open format;

(2)

include the information required under clauses (i), (ii), (iv), and (v) of section 9303(b)(1)(C) for each report;

(3)

include the frequency of the report;

(4)

include a unique alphanumeric identifier for the report that is consistent across report editions;

(5)

include the date on which each report is required to be submitted; and

(6)

be updated and provided to the Director, as necessary.

Sec. 9305 Removing and altering reports

A report submitted to be published to the reports online portal may only be changed or removed, with the exception of technical changes, by the head of the Federal agency concerned if—

(1)

the head of the Federal agency consults with each congressional committee to which the report is submitted; and

(2)

Congress enacts a joint resolution authorizing the changing or removal of the report.

Sec. 9306 Relationship to the Freedom of Information Act

(a)

In general— Nothing in this subtitle shall be construed to—

(1)

require the disclosure of information or records that are exempt from public disclosure under section 552 of title 5, United States Code; or

(2)

to impose any affirmative duty on the Director to review congressionally mandated reports submitted for publication to the reports online portal for the purpose of identifying and redacting such information or records.

(b)

Redaction of information— The head of a Federal agency—

(1)

may redact information required to be disclosed under this subtitle if the information would be properly withheld from disclosure under section 552 of title 5, United States Code; and

(2)

shall—

(A)

redact information required to be disclosed under this subtitle if disclosure of such information is prohibited by law;

(B)

redact information being withheld under this subsection prior to submitting the information to the Director;

(C)

redact only such information properly withheld under this subsection from the submission of information or from any congressionally mandated report submitted under this subtitle;

(D)

identify where any such redaction is made in the submission or report; and

(E)

identify the exemption under which each such redaction is made.

Sec. 9307 Implementation

Except as provided in section 9304(b), this subtitle shall be implemented not later than 1 year after the date of enactment of this Act and shall apply with respect to congressionally mandated reports submitted to Congress on or after the date that is 1 year after such date of enactment.

E Severability

Sec. 9501 Severability

X Presidential and Vice-Presidential Tax Transparency

Sec. 10001 Presidential and Vice-Presidential tax transparency

(a)

Definitions— In this section—

(1)

The term covered candidate means a candidate of a major party in a general election for the office of President or Vice President.

(2)

The term income tax return means, with respect to an individual, any return (as such term is defined in section 6103(b)(1) of the Internal Revenue Code of 1986, except that such term shall not include declarations of estimated tax) of—

(A)

such individual, other than information returns issued to persons other than such individual; or

(B)

of any corporation, partnership, or trust in which such individual holds, directly or indirectly, a significant interest as the sole or principal owner or the sole or principal beneficial owner (as such terms are defined in regulations prescribed by the Secretary).

(3)

The term major party has the meaning given the term in section 9002 of the Internal Revenue Code of 1986.

(4)

The term Secretary means the Secretary of the Treasury or the delegate of the Secretary.

(b)

Disclosure—

(1)

In general—

(A)

Candidates for President and Vice President— Not later than the date that is 15 days after the date on which an individual becomes a covered candidate, the individual shall submit to the Federal Election Commission a copy of the individual’s income tax returns for the 10 most recent taxable years for which a return has been filed with the Internal Revenue Service.

(B)

President and Vice President— With respect to an individual who is the President or Vice President, not later than the due date for the return of tax for each taxable year, such individual shall submit to the Federal Election Commission a copy of the individual’s income tax returns for the taxable year and for the 9 preceding taxable years.

(C)

Transition rule for sitting Presidents and Vice Presidents— Not later than the date that is 30 days after the date of enactment of this Act, an individual who is the President or Vice President on such date of enactment shall submit to the Federal Election Commission a copy of the income tax returns for the 10 most recent taxable years for which a return has been filed with the Internal Revenue Service.

(2)

Failure to disclose— If any requirement under paragraph (1) to submit an income tax return is not met, the chairman of the Federal Election Commission shall submit to the Secretary a written request that the Secretary provide the Federal Election Commission with the income tax return.

(3)

Publicly available— The chairman of the Federal Election Commission shall make publicly available each income tax return submitted under paragraph (1) in the same manner as a return provided under section 6103(l)(23) of the Internal Revenue Code of 1986 (as added by this section).

(4)

Treatment as a report under the Federal Election Campaign Act of 1971— For purposes of the Federal Election Campaign Act of 1971, any income tax return submitted under paragraph (1) or provided under section 6103(l)(23) of the Internal Revenue Code of 1986 (as added by this section) shall, after redaction under paragraph (3) or subparagraph (B)(ii) of such section, be treated as a report filed under the Federal Election Campaign Act of 1971.

(c)

Disclosure of returns of Presidents and Vice Presidents and certain candidates for President and Vice President—

(1)

In general— Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

“(23) Disclosure of return information of Presidents and Vice Presidents and certain candidates for President and Vice President

“(A) In general—Upon written request by the chairman of the Federal Election Commission under section 10001(b)(2) of the For the People Act of 2019, not later than the date that is 15 days after the date of such request, the Secretary shall provide copies of any return which is so requested to officers and employees of the Federal Election Commission whose official duties include disclosure or redaction of such return under this paragraph.

“(B) Disclosure to the public

“(i) In general—The chairman of the Federal Election Commission shall make publicly available any return which is provided under subparagraph (A).

“(ii) Redaction of certain information—Before making publicly available under clause (i) any return, the chairman of the Federal Election Commission shall redact such information as the Federal Election Commission and the Secretary jointly determine is necessary for protecting against identity theft, such as social security numbers.”

(2)

Conforming amendments— Section 6103(p)(4) of such Code is amended—

(A)

in the matter preceding subparagraph (A) by striking “or (22)” and inserting “(22), or (23)”; and

(B)

in subparagraph (F)(ii) by striking “or (22)” and inserting “(22), or (23)”.

(3)

Effective date— The amendments made by this subsection shall apply to disclosures made on or after the date of enactment of this Act.

Lineage

Mar 28, 2019viewing Introduced in Senate Mr. Udall (for himself, Mr. Merkley, Ms. Klobuchar, Mr. Schumer, Mr. Leahy, Mr. Durbin, Mr. Cardin, Mr. Wyden, Ms. Baldwin, Mr. Van Hollen, Mr. Coons, Mr. Markey, Mr. Blumenthal, Mr. Heinrich, Mr. Kaine, Ms. Hirono, Mr. Sanders, Mr. Schatz, Mrs. Gillibrand, Ms. Harris, Mr. Brown, Mr. Bennet, Ms. Warren, Ms. Smith, Mrs. Feinstein, Mr. Carper, Mr. King, Mr. Casey, Ms. Cortez Masto, Mr. Whitehouse, Mr. Tester, Mr. Booker, Ms. Stabenow, Ms. Duckworth, Mr. Murphy, Mrs. Shaheen, Ms. Hassan, Mr. Peters, Ms. Rosen, Mr. Menendez, Mrs. Murray, Mr. Jones, Mr. Reed, Mr. Manchin, and Ms. Cantwell) introduced the following bill; which was read twice and referred to the Committee on Finance